House Approves Move to Outlaw Flag Burning

Yahoo News ^ | LAURIE KELLMAN | AP

[Deagle]

Well put inkling... Just wish that SOTUS would get it right on campaign finance also!

[TXnMA]

I am vigorously opposed to messing with (amending) our Constitution for trivial items like this. There is a much simpler solution:

Flag burning has already been declared to be First Amendment-protected speech.

Just declare flag-burner burning to have the same "Freedom of Expression" protection.

[kingu]

I suppose I'm one of the many in the world who could use some explaining here - how can a constitutional amendment be unconstitutional? Isn't it, as an amendment, automatically constitutional since it is part of the damn document?

Ghads I'm getting lost in all the twisted logic that lawyers come up with.

[Hank Rearden]

Yeah, everything else is fine as we whistle past the graveyard, so why not waste time and taxpayer money on crap like this?

[inkling]

suppose I'm one of the many in the world who could use some explaining here - how can a constitutional amendment be unconstitutional? Isn't it, as an amendment, automatically constitutional since it is part of the damn document?

That's simple. Justice Kennedy would cite international law. :-)

Actually, I'm not sure how they would handle it technically, but two parts of the Constitution would be in direct conflict with each other. It would create a legal version of a mobius strip. A better name for this amendment could be "The Lawyer Full Employment Act" since Con Law folks would make a mint off of it.

[Mobilemitter]

You say you an amendment? Howz about we work on an amendment that would keep the U.S. Congress from desecrating the U.S. Constitution!!!! Now that would be something to debate.

Flag burners... well that's reall easy, I just wrap my flag around their head and then exercise my "rights" and my "lefts" until the flag has fallen to the ground. According to proper flag etiquette it should then be burned. I would do so immediately.

Given any trial, testimony would have to support the fact I was striking out at an emblem with first amendment rights. O.K., they might fine me for my lefts.... but I'll take my chances.

[Voltage]

Illegal to light up a cigarette, ok to burn the flag. And this makes sense?

On the other hand if Rats feel the need to burn the flag I hope it gets a lot of coverage..should help convey their true character.

[bobhoskins]

It just boggles my mind that you can drum up that many votes to restrict the first amendment and not find that many votes to support the second amendment.

Yeah, this sets a dangerous precedent. Someone will say that carrying a concealed weapon is an action that symbolizes hatred of America (if you love America, why carry a gun?) and will ban that action. (okay, it's a bit of a strawman ... I don't think it'll actually happen that way.)

Burn away, liberal wackos.. Taiwan will make more of them.

Yes, those who are against flag burning hate capitalism!

[bobhoskins]

I suppose I'm one of the many in the world who could use some explaining here - how can a constitutional amendment be unconstitutional? Isn't it, as an amendment, automatically constitutional since it is part of the damn document?

Yes, once it's an Amendment it becomes part of the Constitution, thus, Constitutional.

But, it's not an Amendment YET. So the argument is around whether or not it should become an amendment.

Ghads I'm getting lost in all the twisted logic that lawyers come up with.

I'm still curious how lawyerly this amendment will turn out! I'm expoecting plenty of pages of definitions, exceptions, etc.

[defal33]

How about American flag burning permits? Make them buy a costly city permit to express their “freedom of speech”. Of course there would also be a expensive fine to burn an American flag with out a permit… just a thought.

[bobhoskins]

Actually, I'm not sure how they would handle it technically, but two parts of the Constitution would be in direct conflict with each other. It would create a legal version of a mobius strip. A better name for this amendment could be "The Lawyer Full Employment Act" since Con Law folks would make a mint off of it.

I believe an amendment can OVERRIDE previous bits of the Constitution so that those no longer apply (3/5 rule, Prohibition) so I don't think THAT would be the problem. Althrough I'm sure lawyers would argue it.

[edeal]

Just repeal the first amendment, and so many other "problems" will go away that the flag amendment would not be necessary. In this time of drug wars Terrorism, we can't be hampered by this quaint antiquity.

[LibertarianInExile]

Angels-dancing-on-the-head-of-a-pin BUMP!

[LibertarianInExile]

BUMP to that. Ban free speech--terrorists use it!

[Republican Wildcat]

No, that's why it is called and amendment - it changes the Constitution. Free Speech doesn't apply to flag burning essentially.

[Republican Wildcat]

Ah, a revenue scheme. That could probably get some local pols on board.

[Republican Wildcat]

Well, I agree it is a waste of time, but calling a Constitutional Amendment unconstitutional is assinine on that author's part. It would indeed be constitutional if it is part of the Constitution.

[chgomac]

I feel the same way.
"But I also feel that it should be legal for anyone who feels up to it, to whack anyone seen doing it. That is true "equal rights".

The flag is a precious symbol. If we are going to define hate crimes then defiling the flag certainly qualifies.

[Solamente]

What about my right to not breathe second hand smoke from a burning flag?

[leadpenny]

This is stupid.

No one can adequately define what a flag is and what a flag isn't.